I

The second final provision of Law 26/2006, of July 17, of private insurance and reinsurance mediation, enables the Government to develop this Law in matters that are expressly attributed to its regulatory authority, as well as, in general, in all those susceptible to regulatory development in which it is necessary for its proper implementation, by the adoption of its rules of procedure and any subsequent amendments to it which are necessary. In the use of this habilitation, two essential aspects for the exercise and supervision of the activity of the insurance intermediaries are regulated in this royal decree: on the one hand, the book-registration and the duty of statistical-accounting information of the insurance brokers and reinsurance brokers, and the duty of accounting information and the business of related insurance agents and related insurance operators; and on the other hand, the duty of training of the intermediaries of insurance insurance, reinsurance brokers and other persons directly involved in the mediation of the private insurance and reinsurance.

As far as insurance brokers and reinsurance brokers are concerned, Article 49 of Law 26/2006 of 17 July of private insurance and reinsurance mediation provides for the obligation for insurance brokers and insurance brokers. for the reinsurance of the accounting records and to forward to the General Directorate of Insurance and Pension Funds the statistical accounting information with the content and periodicity to be determined.

In this regard, Royal Decree 301/2004, of 20 February, which regulates the registration and the duty of statistical and accounting information of insurance brokers and insurance brokerage companies, regulates in their Article 2.3 the duty of those mediators to forward to the Directorate-General for Insurance and Pension Funds the annual statistical accounting information.

The entry into force of the aforementioned Law 26/2006, of 17 July, made it necessary to update the Royal Decree 301/2004, of 20 February, which regulates the book-registration and the duty of statistical-accounting information of the insurance brokers and insurance brokerage companies, in order to adapt some precepts of such royal decree to the new law. This update, which did not affect the book-records but only the models of the annual statistical-accounting documentation of insurance and reinsurance brokers, was carried out through Article four of Order EHA/1805/2007, 28 May, in respect of the telematic transmission of the statistical-accounting documentation of the insurance institutions, the pension fund managing bodies, and the insurance and reinsurance brokers, and the insurance and reinsurance undertakings, and the Order EHA/3636/2005 of 11 November amending for which the telematic register is created of the Ministry of Economy and Finance.

The consolidation in the reality of the private insurance and reinsurance mediation sector of the new concepts and figures introduced by Law 26/2006 of 17 July have revealed the need to improve the information requirements to which insurance and reinsurance brokers are required, as well as the provision of data relating to the activity of the insurance agents linked both to facilitate the task of supervision of this type of insurance mediators, such as to provide the insurance sector and the general government with information on the characteristics of this type of intermediation and its relationship with consumers.

For the sake of achieving the necessary consistency in the required information to which insurance brokers, reinsurance brokers and related insurance agents are required to enable the results to be optimized, how to efficiently meet the demands of information from the sector and the public administrations, requires a complete collaboration between the various responsible, insurance entities and mediators, in the transmission of information to allow the correct completion of the different models of capture of the same.

In order to make administrative control more efficient and to be able to verify that the requirements are maintained for insurance brokers and reinsurance brokers to maintain their registration in the Register special administrative of insurance intermediaries, reinsurance brokers and their senior officials, amendments have been made to the models which make up the annual statistical accounting documentation of these mediators and which are set out in Annex I of this royal decree.

With regard to related insurance agents and related insurance operators, the information on the activity developed by these mediators is a basic tool for the analysis and diagnosis of the evolution of the insurance market. The acquisition of information and its use is essential for the exercise of the administrative powers concerning the control and supervision of the activity of the related insurance agents and related insurance operators. In this regard, Article 48.2 of the aforementioned Law 26/2006 of 17 July laid down the obligation for insurance intermediaries and reinsurance brokers to provide the Directorate-General for Insurance and Pension Funds with the documentation and information that is necessary to comply with the provisions of Article 48.1 of that Law by means of its periodic submission. This Article refers to the control which the Directorate-General for Insurance and Pension Funds shall exercise on insurance intermediaries resident or domiciled in Spain, including activities carried out under the right of establishment and under the freedom to provide services.

Therefore, within this Article 48 it may be necessary to include the requirement imposed on the related insurance agents and related insurance operators to refer to the General Directorate of Insurance and Pension Funds accounting and the annual business referred to the calendar year.

On the other hand, the private insurance sector is currently demanding more information on how insurance is channelled to optimize its resources and to have greater decision-making and maneuvering capacity in the face of developments. of the market. In addition, the public authorities need to know what weight each channel has in the general context of the distribution, to adapt the legal framework to the real situation of the sector, protecting both the interests of consumers and those of service providers.

In relation to this need for information and given the current gap in obtaining the data of the mediators, the need to apply for the statistical information for the insurance brokers is necessary and reinsurance brokers, and the business information for linked insurance agents and related insurance banking operators. In this way, the information to be supplied to the insurance sector would be more up-to-date and greater social presence would be gained.

In addition to the above, and more and more frequently, it is necessary to inform the European Union bodies about the market shares of the various channels of distribution of insurance to modernise the rules. The Community's financial services. In this respect, it is important to highlight Regulation No 295/2008 of the European Parliament and of the Council of 11 March 2008 on structural business statistics.

In relation to the information to be provided to the European Union bodies, Regulation (EC) No 716/2007 of the European Parliament and of the Council of 20 June 2007 on Community statistics on the structure and the activity of foreign subsidiaries makes it necessary to obtain information on the Spanish companies belonging to a group, the parent of which is domiciled, either in another Member State of the European Union other than Spain or in another Member State. country not a member of the European Union.

It should be noted, as regards the requirement for statistical-accounting information for insurance brokers and reinsurance brokers, and for accounting and business information for related insurance agents and operators In the case of the case-law of the Commission, the Commission has taken into account the provisions of the Law 26/2006 of 17 July, which provides for the recasting of the Law on the Management and Supervision of the Private insurance, approved by Royal Decree-Law 6/2004 of 29 October.

II

The professional competence of insurance intermediaries and reinsurance brokers, as well as that of any other person directly involved in private insurance and reinsurance mediation is an essential element for ensure the quality of the mediation service provided to the insured. For this reason, Directive 2002/92/EC of 9 December on the mediation of fixed insurance as a condition for the exercise of the functions of mediator, the possession of appropriate knowledge.

Following the provisions of the Reference Directive, Law 26/2006 of 17 July on the mediation of private insurance and reinsurance provides for the requirement that insurance intermediaries and reinsurance brokers should be provided with knowledge necessary for the correct performance of their activity, as well as their auxiliaries, employees and staff of the distribution networks of the banking-insurance operators, who participate directly in the mediation. Knowledge should in any case be appropriate to the characteristics of the mediation carried out by each of the insurance intermediaries or reinsurance brokers, in accordance with their function.

Without prejudice to the enabling that Law 26/2006, of 17 July, contains for the General Directorate of Insurance and Pension Funds to establish the general lines and the basic principles to be fulfilled by the courses and training programmes required in this law, this royal decree regulates the requirements for participation in training courses and aptitude tests; the content and duration of such training according to three different categories which classify them persons in the light of the responsibility and activity they carry out in relation to the work of mediation; the recognition of prior knowledge enabling the modular content to be used by a person taking into account the training he has previously acquired; continuing training as an essential tool for maintaining up-to-date knowledge and, thanks to this, favour a quality service to customers; and, finally, the adaptation regime.

Special mention should be given to residents or domiciled in other Member States, since in application of the single registration principle enshrined in Directive 2002/92/EC and in order to enable the free movement of persons Insurance intermediaries and reinsurance brokers, this royal decree equates for these persons the effective exercise of the activities related to the mediation of private insurance and reinsurance, with the improvement of the training courses and fitness tests that are regulated here for residents or domiciled in Spain.

The second final provision of Law 26/2006, of July 17, attributes to the Government, on the proposal of the Minister of Economy and Finance, after hearing of the Advisory Board of Insurance and Pension Funds, the power to develop the law in matters which are expressly attributed to the regulatory authority and, in general, to all those susceptible to regulatory development in which it is necessary for its proper implementation.

This royal decree has been reported by the Advisory Board of Insurance and Pension Funds.

In its virtue, on the proposal of the Minister of Economy and Finance, with the prior approval of the Minister of the Presidency, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of the 11th day of June 2010,

DISPONGO:

CHAPTER I

Log-Libs

Article 1. General obligations.

1. Insurance brokers, reinsurance brokers, insurance brokerage companies and reinsurance brokers shall bear and retain the records, correspondence and supporting documents concerning their duly ordered business on the basis of the following: established in commercial law.

2. The record-books referred to in this chapter shall be subject to the following rules:

a) They may be stored on computer media,

(b) They must be available to the Directorate-General for Insurance and Pension

,

(c) They may not be taken longer than three months.

3. The Minister for Economic Affairs and Finance may lay down rules on the conduct and technical specifications of the records referred to in this Chapter.

Article 2. Book-accounting records of insurance brokers and insurance brokerage companies.

Insurance brokers and insurance brokerage companies shall in particular keep and maintain the following book-records:

(a) From intermediated policies and supplements, in which all policies and supplements that are formalized by their mediation will be noted. The following shall be indicated as a minimum: the date of effect, the number of the policy or supplement, the holder, the address of the taker (type of route, name and number of the road, municipality and province), the insured capital, premiums, and if it is maintained by the a network of the insurance brokerage company or company or through any of its external auxiliaries or other broker or brokerage company.

(b) premiums collected through the insurance brokerage company or broker, in which the class in question, the number of the policy, the holder, the maturity to which it corresponds, the amount and the date of recovery shall be recorded.

(c) Of claims dealt with, in which claims are recorded as soon as they are known to the insurance brokerage company or broker, and shall be assigned a correlative numbering within each of the series which are established in accordance with the criteria for the classification of claims used. The information that, at least when it is known, must contain this record-book shall refer to the policy from which each casualty proceeds, dates of occurrence, declaration and settlement. It shall also be indicated if there is a judicial, administrative complaint to the defender of the insured person or of any other nature.

(d) External auxiliaries, in which the identifying personal data of external auxiliaries, whether natural or legal persons, indicating the date of discharge and discharge, and the training received shall be recorded.

e) From other brokers. Personal data identifying other corridors, whether natural or legal persons, used as a distribution network other than their own, indicating the date of discharge and discharge, shall be recorded.

The obligation to carry out the records referred to in paragraphs (a), (b) and (c) shall be deemed to be fulfilled even if the information referred to in the preceding paragraphs is contained in different computer files, whenever possible to establish an agile and simple correlation and integration between its content.

Article 3. Book-accounting records of the reinsurance brokers and the reinsurance brokerage companies.

1. Reinsurance brokers and reinsurance brokerage companies shall, in particular, keep and maintain the following book-records:

(a) Optional contracts and risks that are formalized by their mediation. This shall include at least the class in question, date of effect, number or reference of contract, transferor, reinsurer, total capacity of the contract or optional, intermediate participation, premiums (for intermediate participation), and if those close to the broker's own network or the reinsurance brokerage company or through any of its external auxiliaries or other broker.

b) External auxiliaries. The identification of the personal data of external auxiliaries, whether natural or legal persons indicating the date of discharge and discharge, and the training received shall be recorded.

c) Other brokers. Personal data identifying other corridors, whether natural or legal persons, used as a distribution network other than their own, indicating the date of discharge and discharge, shall be recorded.

CHAPTER II

Accounting obligations and duty of information

Section I. General provisions

Article 4. Obligations common to insurance brokers, reinsurance brokers, related insurance agents and related insurance and banking operators.

1. The economic year shall coincide with the calendar year.

2. The profit and loss account shall cover all the revenue and expenditure of the activities carried out, without prejudice to the breakdowns to be made in the accounts used for the recording of the operations, with a view to provide the information required in the models in Annex I and II for which reasonable, objective, verifiable and time-stable imputation criteria shall be used.

3. The Directorate-General for Insurance and Pension Funds may seek clarification on the documentation received in order to obtain the information provided for in this Chapter.

4. The reporting obligation under this Chapter shall be required for all insurance brokers, reinsurance brokers, related insurance agents and related insurance operators in respect of those periods in the insurance business. the mediation activity has been exercised, irrespective of the time the cancellation of its registration has occurred in the special administrative register of insurance intermediaries, reinsurance brokers and their senior positions.

Article 5. Referral of information through electronic means.

1. Insurance brokers, reinsurance brokers, related insurance agents and related insurance operators shall submit the information to which they are obliged in accordance with the provisions of this Chapter by electronic means. and through the Electronic Register of the Ministry of Economy and Finance.

2. The technical requirements for access and use of the register shall be governed by the provisions of the regulations governing the electronic register of the Ministry of Economy and Finance.

3. The forms for electronic submission of the documentation shall be approved and amended by the Director-General of Insurance and Pension Funds.

Section II. Special provisions

Article 6. Accounting obligations and duty of information of insurance brokers and reinsurance brokers.

1. Insurance brokers and reinsurance brokers shall forward, separately for each registration key, the General Directorate of Insurance and Pension Funds the annual statistical accounting information which shall include data relating to: the statement of general data and requirements of the broker or brokerage company, structure of the organisation, training programme to be provided to external employees and auxiliaries, insurance or intermediary reinsurance portfolio, losses and gains and short balance sheet, in accordance with applicable provisions.

2. Insurance brokers and reinsurance brokers shall forward, separately for each registration key, the General Directorate of Insurance and Pension Funds the semi-annual statistical information which shall include data relating to the General data statement of the broker or brokerage company, structure of the insurance or intermediary insurance or reinsurance organisation.

3. The autonomous communities shall forward, where requested by the Ministry of Economic and Financial Affairs, and in any case annually, the annual statistical accounting information relating to insurance brokers and reinsurance brokers which are of their own The Commission has also been responsible for the development of the European Community's research and development policy. The Directorate-General for Insurance and Pension Funds shall establish the minimum information or data to be transmitted by the Autonomous Communities.

Article 7. Information models of insurance brokers and reinsurance brokers.

1. The reference to the annual information referred to in paragraph 1 of the preceding Article shall be in accordance with the models set out in Annex I and shall be submitted by 10 July of the year following that to which it relates.

2. The reference to the six-monthly information referred to in paragraph 2 of the preceding Article shall be in accordance with the models set out in Annex III and shall be forwarded before 15 September, the one relating to the first half of the period, and before 1 March of the year following the period concerned, the period for the second half of that period.

3. In accordance with Article 55.2.q and 55.3.h) of Law 26/2006 of 17 July of the European Union, of the mediation of private insurance and reinsurance, the lack of referral of the information referred to in Article 4.3 and Article 6 (1) and (2) of this royal decree will be constitutive of administrative infraction.

Article 8. Accounting obligations and duty of information of related insurance agents and related insurance operators.

1. Related insurance agents and related insurance operators shall forward to the Directorate-General for Insurance and Pension Funds the accounting information and the annual business which shall include data relating to the data declaration. general and requirements of the related insurance agent or linked insurance operator, structure of the organisation, training programme to be provided to the employees, other persons involved in the mediation and the external auxiliaries, intermediate insurance portfolio and profit and loss account.

2. Related insurance agents and related insurance operators shall forward to the General Directorate of Insurance and Pension Funds information on the semi-annual business which shall include data relating to the general data declaration. of the linked insurance agent or linked insurance operator, organisation structure and intermediary insurance portfolio.

3. The autonomous communities shall forward, where requested by the Ministry of Economic Affairs and Finance, and in any case annually, the accounting and annual business information, relating to the related insurance agents and to the banking-insurance operators. They are linked to their competence, maintaining the necessary collaboration between the State Administration and that of the Autonomous Community. The Directorate-General for Insurance and Pension Funds shall establish the minimum information or data to be transmitted by the Autonomous Communities.

Article 9. Information models of the related insurance agents and related insurance operators.

1. The reference to the annual information referred to in paragraph 1 of the preceding Article shall be in accordance with the models set out in Annex II and shall be submitted by 10 July of the year following that to which it relates.

2. The reference to the six-monthly information referred to in paragraph 2 of the preceding Article shall be in accordance with the models set out in Annex IV and shall be forwarded before 15 September, the one relating to the first half of the period, and before 1 March of the year following the period concerned, the period for the second half of that period.

3. In accordance with Article 55.2.q and 55.3.h) of Law 26/2006 of 17 July of the European Union of private insurance and reinsurance mediation, the lack of referral of the information referred to in Article 4.3 and Article 8 (1) and (2) of this Royal Decree will constitute an administrative infringement.

CHAPTER III

Duty of training of insurance intermediaries, reinsurance brokers and other persons directly involved in private insurance and reinsurance mediation

Article 10. Accreditation of required knowledge.

Natural persons who access the exercise of the mediation activity as insurance intermediaries or reinsurance brokers resident or domiciled in Spain shall, as a prerequisite, prove necessary knowledge by the improvement of training courses or aptitude tests in private insurance and financial matters.

The content and duration of training courses and aptitude tests are set according to the following categories:

(a) Group A: A training course or, alternatively, the improvement of an aptitude test shall be required for natural persons with related insurance agents, insurance brokers and reinsurance brokers; at least half of the the persons who are members of the management body of the legal persons involved in related insurance, related insurance operators, insurance brokers and reinsurance brokers and, in any case, persons carrying out the management technique of all of them.

(b) Group B: A course of training shall be required of the exclusive insurance agents, natural persons, at least half of the persons who make up the management of the legal persons exclusive insurance agents, at least to the (a) half of the persons who are members of the management body of the exclusive insurance operators and, in any case, those who exercise the technical direction of all of them; the persons who make up the distribution networks of the operators of the insurance and reinsurance brokers ' employees and insurance intermediaries, provided that they are not attribute advisory and assistance functions to clients and participate directly in the mediation of insurance or reinsurance.

(c) Group C: A training course shall be required for the external auxiliaries of insurance intermediaries or reinsurance brokers, to the employees of any of the classes of insurance intermediaries or reinsurance brokers which perform ancillary functions for the collection of clients or administrative processing, without providing advice or assistance to clients in the management, execution or formalisation of contracts or in the event of a disaster.

Article 11. Prerequisites for participating in training courses and aptitude tests.

Individuals who wish to participate in training courses or aptitude tests to exercise as insurance intermediaries or reinsurance brokers resident or domiciled in Spain must be in possession of the title of bachelor's or equivalent for the training and fitness tests of group A, and degree of graduate in secondary education or equivalent for the group B training courses. '

Holders of securities corresponding to foreign educational systems shall be required to certify the approval by the Ministry of Education of any of these qualifications in accordance with Royal Decree 104/1988 of 29 January 1988. on the approval and validation of Titles and Foreign Studies of Non-University Education.

Article 12. Content and duration of training courses and aptitude tests.

The programme of training courses and aptitude tests will be adapted to the content established by the resolution of the Directorate-General for Insurance and Pension Funds, depending on the different categories listed in the Article 10:

Training courses will take the following duration:

(a) Group A: The course of training shall be at least 500 hours, and in any event appropriate knowledge of the persons trained for the performance of their duties shall be ensured.

(b) Group B: The training course shall run for 200 hours, unless the duration of the training period is indicated by a different duration depending on the type or types of insurance or reinsurance which are the subject of mediation and of the individual characteristics of the mediation activity to be developed by the trained person. The duration of the training course may be lower than that provided for, provided that this circumstance is justified in the execution memory, taking into account the objective criteria specified in the resolution of the Directorate-General for Insurance and Pension Funds.

(c) Group C: The training course will last for 50 hours, unless a different duration is indicated in the execution memory depending on the specific characteristics of the activity to be developed by the person. formed. The duration of the training course may be lower than that provided for, provided that this circumstance is justified in the execution memory, taking into account the objective criteria specified in the resolution of the Directorate-General for Insurance and Pension Funds.

Article 13. Procedure for the recognition of prior knowledge.

Exceeding the training course programmes provided for in the previous article will be modulated according to the following rules:

1. For those persons who justify being in possession of an official university or vocational training degree, who accredit having completed the comprehensive content of the contents established by the Directorate-General of Insurance and Pension Funds for the courses, duration and content of the course will be reduced in the above mentioned contents with those of the official university degree or professional training. These persons shall be exempt from the training programme in order to perform the duties indicated for Group C of Article 10 (c)

The persons in possession of an official university or vocational training degree who accredit the knowledge of the understanding of contents that coincide with the training course for the access to the exercise of the private insurance and reinsurance mediation activities, they shall submit their request for partial validation addressed to the organising centre, which shall act in accordance with the criteria laid down by the management officer of the course, taking into account In any case, the qualifications of the university or training file professional.

The courses should have a public and transparent procedure for convalidations, ensuring the principles of equality, merit and capacity of people who apply for this reduction.

2. For persons who credit for having exercised as an insurance agent or have performed management functions in insurance or reinsurance mediation companies or insurance undertakings, for a period of not less than Five years, the duration and content of the course shall be reduced as regards the general module and the specific modules by classes in which they have performed their duties.

3. The qualification for the C group of Article 10 (c) is presumed to be sufficient and therefore the follow-up of the training programme will not be necessary in those persons who demonstrate the prior completion of studies in the field of training. of insurance equivalent to those provided for in that programme or, where appropriate, experience of one year in the performance of functions of a similar nature.

4. The overcoming of any of the modules that make up the training programs established by the General Directorate of Insurance and Pension Funds, will exempt from returning to the same module of subjects to access any of the categories referred to in Article 10.

5. For natural persons who have acceded to the exercise of the mediation activity as insurance or reinsurance intermediaries resident or domiciled in other Member States of the European Economic Area other than Spain it shall be equivalent to the completion of the courses and aptitude tests referred to in Article 10 for the purpose of proof of the effective exercise of the activities carried out in those States by persons falling within Groups A, B and C of Article 10.

Article 14. Continuous training for the exercise of the functions of persons involved in insurance and reinsurance mediation.

1. Persons falling within categories B and C of Article 10 shall, once they have access to the exercise of their activity, attend continuing training courses which may be provided in the presence or at a distance, including the electronic means.

2. These continuing training courses shall be for a minimum duration of 60 and 30 hours, respectively, to be given at maximum periods of three years and their content and duration shall be established on the basis of the type or types of insurance which, where appropriate, are the subject of mediation, the specific characteristics of the activity to be carried out by the trained person and the need to update the precise knowledge for the development of their activity. In any case, appropriate training shall be ensured for the performance of their duties, with the consideration of continuing training the updating through the information procedures established to keep the knowledge up to date. acquired at any time.

Article 15. Application for training courses and aptitude tests.

The application addressed to the Directorate-General for Insurance and Pension Funds for the conduct of the training or fitness test course set out in Article 39 (2) and (3) of Law 26/2006 of 17 July, of mediation private insurance and reinsurance formalised by the General Council of the Colleges of Insurance Mediators or by the most representative organisations of insurance intermediaries and insurance intermediaries or by university institutions must comply with the requirements laid down in the implementing rules of this royal decree.

Single additional disposition. Adjustment regime.

1. In accordance with the provisions of the fifth additional provision of Law 26/2006 of 17 July on the mediation of private insurance and reinsurance, the diploma of the Insurance Mediator Titled under the repealed Law 9/1992 of 30 April 1992 In the case of private insurance, it shall have the effect of having passed the training course or aptitude test required for group A of Article 10 (a), considering that the persons to whom the diploma was issued have exceeded all the modules of materials of the training programme.

2. Those persons domiciled or resident in Spain, falling within the groups A, B and C of Article 10, who prove that they were exercising prior to the entry into force of Law 26/2006 of 17 July, in accordance with the repealed Law 9/1992, of 30 April, as insurance agents, as insurance or reinsurance brokers, or taking the effective direction or performing technical management functions in the case of the legal persons of these mediators, or participating in the insurance mediation as employees, sub-agents or business partners of such mediators, will not have to exceed the training courses provided for in the performance of the duties corresponding to the category referred to in Article 10, in which they are respectively covered, except as provided for in Article 14 in respect of continuing training necessary for the exercise of its activity.

3. Those persons domiciled or resident in Spain, falling within the groups A, B and C of Article 10, who prove that prior to the entry into force of this royal decree they have passed courses or aptitude tests that meet the requirements (a) they shall not exceed the training courses or aptitude tests provided for in the performance of the duties corresponding to the category referred to in Article 10, in which they are respectively covered by the provisions of this Article. provided for in Article 14 as regards the continuing training necessary for the pursuit of its business.

4. Certificates issued by the person responsible for the course of action and, in the case of aptitude tests, by the General Council of the Colleges of Insurance Mediators, certifying that they have been exceeded in accordance with the repealed Resolution of 28 July 2006, of the Directorate-General for Insurance and Pension Funds laying down the basic requirements and principles of training programmes for insurance intermediaries, reinsurance brokers and other persons who are participate directly in the mediation of private insurance and reinsurance, shall have the effect of exceeded, as appropriate, the training course or tests required for access to Group A, B or C as defined in Article 10.

Single transient arrangement. Aptitude tests, training and continuing training courses in accordance with the Resolution of 28 July 2006, of the Directorate-General for Insurance and Pension Funds establishing the basic requirements and principles of the training programmes for insurance intermediaries, reinsurance brokers and other persons directly involved in the mediation of private insurance and reinsurance.

1. The training courses for access to groups A, B and C as defined in Article 10, which, at the entry into force of this royal decree, are being carried out in accordance with the repealed Resolution of 28 July 2006, will continue to be given and the certificates issued to those who exceed them shall have the same effect as the certificates referred to in the single paragraph 4

2. The continuing training provided to persons falling within categories B and C of Article 10 in accordance with paragraph 8 of the specified Resolution of 28 July 2006 shall be computable within the programme for the continuous training of the three-year period. provided that the content, duration and persons who have received this training are credited in the memory to be drawn up.

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed, they oppose the provisions of this royal decree, and in particular the following:

(a) Royal Decree 301/2004, of 20 February, governing the book-registration and the duty of statistical-accounting information of insurance brokers and insurance brokerage companies.

(b) Article 4 and the Annex to Order EHA/1805/2007 of 28 May 2007 laying down obligations as regards the telematic transmission of the statistical-accounting documentation of insurance institutions, institutions and bodies the management of pension funds, and insurance and reinsurance brokers, and amending Order EHA/3636/2005 of 11 November establishing the telematic register of the Ministry of Economy and Finance.

Final disposition first. Basic legislation.

In accordance with the provisions of the first provision of Law 26/2006, of July 17, of private insurance and reinsurance mediation, they are to be considered as bases for the management of private insurance. of Article 149.1.11. of the Constitution, the following Articles: Article 1, Article 2, Article 3, Article 4, Article 6 (1) and (3), Article 7 (3), with the exception of the reference to Article 6.2, Article 8 (1) and (3), Article 9 (3) with the exception of the reference to Article 8.2, Article 10, Article 11, Article 12, Article 13, Article 14, Article 15, except as regards Article 39.3 of Law 26/2006 of 17 July, a single additional provision and a transitional provision first.

Final disposition second. System of application of the obligation to refer the statistical-accounting documentation of insurance brokers and reinsurance brokers and the accounting and business documentation of the related insurance agents and operators of the linked-insurance.

1. The models set out in Annexes I and II shall affect the annual reporting for the financial year 2010 to be provided by insurance brokers and reinsurance brokers, and related insurance agents and operators. linked insurance, to the Directorate-General for Insurance and Pension Funds, as from 1 January 2011.

2. The models set out in Annexes III and IV shall affect the semi-annual information for the second half of 2010 to be provided by insurance brokers and reinsurance brokers, and related insurance agents and the operators of linked insurance, to the Directorate-General for Insurance and Pension Funds, as from 1 January 2011.

3. The home address of the policyholder to be recorded in the book-register of insurance brokers and insurance brokers ' interim policies and supplements shall be compulsory as from the financial year 2010 and later.

Final disposition third. Enablement for regulatory development.

The Minister of Economy and Finance, on a proposal from the Directorate General for Insurance and Pension Funds and prior to the report of the Advisory Board of Insurance and Pension Funds, is empowered to carry out the regulatory development of the provisions contained in this royal decree and, in particular, to make the necessary modifications to the models of the annual and half-yearly statistical and accounting information of the insurance brokers and brokers reinsurance, and of the accounting information and the annual and semi-annual business of insurance agents linked and related insurance operators listed in Annexes I, II, III and IV respectively.

Final disposition fourth. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, June 11, 2010.

JOHN CARLOS R.

The Second Vice President of the Government and Minister of Economy and Finance,

ELENA SALGADO MENDEZ

ANNEX I

Annual accounting statistical documentation of insurance brokers and reinsurance brokers

Models that integrate the annual accounting statistical documentation

Model 0.1 Insurance and reinsurance broker declaration.

Model 0.2 Statement of the legal representative of the insurance and reinsurance brokerage company.

Model 1. Structure of the organization.

Model 2.1.1 Intermediate Insurance Portfolio. Distribution.

Model 2.1.2 Intermediate Reinsurance Portfolio. Distribution.

Model 2.2 Intermediate Insurance/Reinsurance Portfolio. Bouquets not life.

Model 2.3 Intermediate Insurance/Reinsurance Portfolio. Bouquets life.

Model 3.1 Insurance and reinsurance broker accounting data.

Model 3.2 Accounting data of the insurance and reinsurance brokerage company: Loss and Earnings Account.

Model 3.3 Accounting data of the insurance and reinsurance brokerage company: Short balance sheet at the end of the financial year.

ANNEX II

Accounting documentation and the annual business of the linked insurance agents and related banking-insurance operators

Models that integrate the accounting and annual business documentation

AV Model 0.1 Statement of the linked insurance agent.

Model AV 0.2 Statement from the legal representative of the related insurance agency company.

OBS Model 0.3 Statement from the legal representative of the linked-insurance operator.

Model 1. Structure of the organization.

Model 2.1 Intermediate Insurance Portfolio. Distribution.

Model 2.2 Intermediate Insurance Portfolio. Bouquets not life.

Model 2.3 Intermediate Insurance Portfolio. Bouquets life.

Model 3. Accounting data.

ANNEX III

Semi-annual accounting statistical documentation of insurance brokers and reinsurance brokers

Models that integrate the semi-annual accounting statistical documentation

Model 0.1 Insurance and reinsurance broker declaration.

Model 0.2 Statement of the legal representative of the insurance and reinsurance brokerage company.

Model 1. Structure of the organization.

Model 2.1 Intermediate Insurance Portfolio. Distribution.

Model 2.2 Intermediate Reinsurance Portfolio. Distribution.

ANNEX IV

Accounting documentation and the semi-annual business of the related insurance agents and related banking-insurance operators

Models that integrate the accounting documentation and the semi-annual business

AV Model 0.1 Statement of the linked insurance agent.

Model AV 0.2 Statement from the legal representative of the related insurance agency company.

OBS Model 0.3 Statement from the legal representative of the linked-insurance operator.

Model 1. Structure of the organization.

Model 2. Intermediate insurance portfolio. Distribution.